Department of Community Affairs
FLORIDA BUILDING COMMISSION
2555 Shumard Oak Boulevard
Tallahassee, Florida
32399-2100
NOTICE TO WAIVER
APPLICANTS
Please
make certain you comply with the following:
C The
person submitting the waiver request application as the Applicant MUST sign the
application. Should you fail to do so, your application will be returned.
C If
a licensed design professional (architect or engineer) has designed the
project, his or her comments MUST be included as a part of this application.
C Be
as explicit as possible. The more information provided to the Florida Building
Commission, the more informed its decisions can be. If you are claiming
financial hardship, please specify why and to what degree.
C If
at all possible, PLAN TO ATTEND it is STRONGLY RECOMMENDED
that applicants attend the Accessibility Advisory Council and the Florida
Building Commission meetings. Sometimes pertinent facts are inadvertently
omitted, or information provided/presented in the Request for Waiver
application is not clear. Your attendance at the meetings to answer questions
will enhance the possibility of the waiver being approved, since the Council
and the Commission will receive the most complete information – from you. When
we receive the completed application, we will send you a notice of the time,
date, and place for both the Council and the Commission meetings.
Enclosed
is a List of Required Information and the Request for Waiver application.
If you have any questions or would like additional information, please
call the Codes and Standards Section at (850) 487-1824.
When completed, please send the application package to the Department of
Community Affairs, Codes and Standards Office at 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100.
Please mail this
application to the Department of Community Affairs at the address above. As well as a hard copy, please include a
copy of the application and drawings or plans on a CD in PDF format. NOTE: Please do not
send CAD files, but rather scan the CAD files and save as a pdf. Must be in
Microsoft Compatible format.
NOTE: Failure to submit electronically will not have any bearing on whether
your petition is heard by the Commission, however, electronic filing will
facilitate the Commission's movement toward utilizing CD technology to display
the waiver application and attached floor plans to the Counsel and Commission.
LIST
OF REQUIRED INFORMATION:
1.
_______ Drawings that will clearly present your project and that identify the
issue(s) that relate to the waiver you are requesting. As a minimum, the following drawings must be
submitted:
a.
Project site plan, if necessary.
b. 24" x 36" minimum size drawings
c One
set 8 ˝ x l1 inch drawings
d.c. Building/project sections (if necessary to
assist in understanding the waiver request)
e.d. Enlarged floor plan(s) of the area in
question
f. If
the building is historic, provide appropriate documentation.
2. _______ One set of reduced scale (11" x 17") versions of the drawings submitted in item one above.
3. _______ One set of overhead transparencies (8 ˝" x 11") of the drawings submitted in item one above. When numerous features are shown on the drawings, please designate the location of the waiver items by highlighting or outlining in color the affected areas.
2. 4. _______ When substantial financial
cost of compliance is alleged, supporting cost estimates with quotes from at
least two vendors or contractors and catalog information.
3. 5. _______ If you feel photographs
and/or renderings are necessary for your presentation, provide 40 legible
color photocopies of the photographs and/or renderings. If color photocopies of photographs are
provided, use a minimum size of 4" x 6" photographs.with a maximum
of two photographs per photocopied page.
4. 6. _______ Please submit a hard copy
of this application to the Department of Community Affairs. PLEASE NOTE: Although not required by
Rule 9B-7, F.A.C., in addition to the hard copy please include a copy of the
application and drawings or plans on a CD in PDF format.
General Information:
a. Equipment: An LCD projector is
provided at the Accessibility Advisory Council and Florida Building Commission
meetings. Any other equipment necessary
for your presentation, such as an overhead projector, TV/VCR, slide or additional
LCD projectors, etc., is the responsibility of the applicant.
b. Verbal Descriptions: Presentations may be to
sight or hearing impaired persons; visual presentations should consider
adequate verbal and text descriptions of charts and pictures.
Your application will be reviewed by the Accessibility
Advisory Council. You will have the opportunity to answer questions and/or make
a short presentation not to exceed 15 minutes. The Council will provide
recommendations to the Florida Building Commission. The Commission will review
the application. You will have another opportunity to answer questions and /or
give a short presentation not to exceed 15 minutes. The Commission will
consider all information and the Council's recommendation before voting on the
waiver.
This application is available in alternate formats
upon request.
REQUEST FOR WAIVER FROM ACCESSIBILITY REQUIREMENTS
OF
CHAPTER 553, PART V, FLORIDA STATUTES
Your application will be reviewed by the Accessibility
Advisory Council and its recommendations will be presented to the Florida
Building Commission. You will have the opportunity to answer questions and/or
make a short presentation, not to exceed 15 minutes, at each meeting. The
Commission will consider all information presented and the Council's
recommendation before voting on the waiver request.
1. Name and address of project for which the waiver
is requested.
Name:____________________________________________________________________
Address:__________________________________________________________________
__________________________________________________________________________
2. Name of Applicant. If other than the owner,
please indicate relationship of applicant to owner and written authorization by
owner in space provided:
Applicant's Name:_____________________________________________________________
Applicant's Address:___________________________________________________________
Applicant's Telephone:_____________________ FAX:_______________________________
Applicant’s E-mail Address:
____________________________________________________
Relationship to Owner: ________________________________________________________
Owner's Name:_______________________________________________________________
Owner's Address:_____________________________________________________________
Owner's Telephone:_______________________ FAX________________________________
Owner’s E-mail Address:
______________________________________________________
Signature of Owner: ___________________________________________________________
Contact Person: ______________________________________________________________
Contact Person’s Telephone: ___________________ E-mail
Address: __________________
This application is available in alternate formats
upon request.
Form No. 2001-01
3. Please check one of the following:
[ ] New construction.
[ ] Addition to a building or facility.
[ ] Alteration to an existing building or facility.
[ ] Historical preservation (addition).
[ ] Historical preservation (alteration).
4. Type of facility. Please describe the
building (square footage, number of floors). Define the use of the building
(i.e., restaurant, office, retail, recreation, hotel/motel, etc.)
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
5. Project Construction Cost (Provide cost for new
construction, the addition or the alteration):
______________________________________________________________________________
6. Project Status: Please check the phase of
construction that best describes your project at the time of this application.
Describe status.
[ ] Under Design [ ] Under Construction*
[ ] In Plan Review [ ] Completed*
* Briefly explain why the request has now been
referred to the Commission.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________.
7. Requirements requested to be waived. Please
reference the applicable section of Florida law
and/or Chapter 11 of the Florida Building Code. Only Florida-specific accessibility
requirements may be waived.
Issue
1:___________________________________________________________________________
_____________________________________________________________________________
Issue
2:___________________________________________________________________________
_____________________________________________________________________________
Issue
3:___________________________________________________________________________
_____________________________________________________________________________
8. Reason(s) for Waiver Request: The Florida
Building Commission may grant waivers of Florida-specific accessibility
requirements upon a determination of unnecessary, unreasonable or extreme
hardship, provided such waivers shall not violate federal accessibility laws
and regulations and shall be reviewed by the Accessibility Advisory Council.
Alterations made to provide an accessible path of travel to the altered area
will be deemed disproportionate to the overall alteration when the cost exceeds
20% of the cost of the alteration to the primary function area. Please describe how this project meets the
following hardship criteria. Explain all
that would apply for consideration of granting the waiver.
[ ] The hardship is caused by a condition or set of
conditions affecting the owner which does not affect owners in general.
____________________________________________________________________________
____________________________________________________________________________
[ ] Substantial financial costs will be incurred by
the owner if the waiver is denied.
____________________________________________________________________________
____________________________________________________________________________
[ ] The owner has made a diligent investigation
into the costs of compliance with the code, but cannot find an efficient mode
of compliance. Provide detailed cost estimates and, where appropriate,
photographs. Cost estimates must include bids and quotes.
____________________________________________________________________________
____________________________________________________________________________.
9. Provide documented cost estimates for each
portion of the waiver request and identify any additional supporting
data which may affect the cost estimates. For example, for vertical
accessibility, the lowest documented cost of an elevator, ramp, lift or other
method of providing vertical accessibility should be provided, documented by
quotations or bids from at least two vendors or contractors.
a. ____________________________________________________________________________
______________________________________________________________________________
b.
____________________________________________________________________________
______________________________________________________________________________
c.
____________________________________________________________________________
_____________________________________________________________________________.
10. Licensed Design Professional: Where a
licensed design professional has designed the project, his or her comments MUST
be included and certified by signature and affixing of his or her
professional seal. The comments must include the reason(s) why the waiver is
necessary.
________________________________________________________________________
________________________________________________________________________
_____________________________ __________________________________________
Signature Printed
Name
Phone number___________________
(SEAL)
CERTIFICATION OF APPLICANT:
I hereby swear or affirm that the applicable documents
in support of this Request for Waiver are attached for review by the Florida
Building Commission and that all statements made in this application are to the
best of my knowledge true and correct.
Dated this ____________ day of
____________________________, 20______________
__________________________________________
Signature
__________________________________________
Printed Name
By signing this application, the applicant represents
that the information in it is true, accurate and complete. If the applicant
misrepresents or omits any material information, the Commission may revoke any
order and will notify the building official of the permitting jurisdiction.
Providing false information to the Commission is punishable as a misdemeanor
under Section 775.083, Florida Statutes.
REVIEW AND RECOMMENDATION BY LOCAL BUILDING
DEPARTMENT.
Please state why the issue is being referred to the
Florida Building Commission as well as a recommendation for disposition. The
Building Official or his or her designee should review the application and
indicate that to the best of his or her knowledge, all information stipulated herein
is true and accurate. Further, if this project is complete, explain why it is
being referred to the Commission. The Building Official or his or her designee
should sign a copy of the plans accompanying this application as certification
that such plans are the same as those submitted for building department
review. Please reference the applicable
section of Chapter 11 of the Florida Building the Accessibility Code.
a.
____________________________________________________________________________
b. ____________________________________________________________________________
c.
____________________________________________________________________________
Has there been any permitted construction activity on
this building during the past three years? If
so, what was the cost of construction?
[ ] Yes [ ] No Cost of Construction
________________________________________________
Comments/Recommendation___________________________________________________
____________________________________________________________________________
Jurisdiction
____________________________________________________________________
Building Official or Designee _________________________________________
Signature
_________________________________________
Printed
Name
_________________________________________
Certification Number
_________________________________________
Telephone/FAX
xxxE-Mail
Address
_____________________________________________
Address:
_____________________________________________________________________
_____________________________________________________________________________.
Form
No.: 2001-02, Page 1 of 2
Certification of Licensed Design Professional for
Replicated Designs to be Placed on Consent Agenda
Note: This form is to be used only for cases in which
design documents are duplicates of previously approved waivers and the project
can be placed on a Consent Agenda pursuant to Rule 9B-7.003(3), Florida
Administrative Code.
I,___________________________________, a licensed
architect/engineer in the state of Florida, whose Florida license number is
____________________, hereby state as follows:
1. I am the architect/engineer of record for the
project known as (name of project) ___________
____________________________________________, for
which the Owner seeks a waiver of one or more accessibility requirements in an
application to which this Certification is attached.
2. I hereby certify that to the best of my knowledge
and belief to the Florida Building Commission
that the design documents for the (insert project described in paragraph
1 above)______________________________________________ are the same as the
design documents previously submitted to the Commission and referenced in
paragraph 3 below, except that the two projects are built or to be built on
different parcels of land at different locations.
3. The licensed design professional of record
(identify the licensed design professional of record),
____________________________________________, prepared the design documents for
the project known as _______________________________________________________,
for which the majority of the Accessibility Advisory Council recommended
approval and the Commission granted a waiver of one or more accessibility
requirements in Final Order No. _____________.
Printed Name: _____________________________ Affix
certification seal below:
Address: __________________________________
_________________________________________
Telephone: ________________________________
Fax: ______________________________________
E-Mail Address: ____________________________
Form
No.: 2001-02, Page 2 of 2
Certification of Applicant for Replicated Designs to
be Placed on Consent Agenda
Note: This form is to be used only for cases in which
design documents are duplicates of previously approved waivers and the project
can be placed on a Consent Agenda pursuant to Rule 9B-7.003(3), Florida
Administrative Code.
I, _______________________________________________, am
applying for placement on the Consent Agenda pursuant to Rule 9B-7.003(3),
Florida Administrative Code. I (check
one of the following and complete blanks):
9
am the owner of this Project (name of
project) ____________________________________,
and was the owner of the project known as
_________________________________________,
9
am the franchisee of this Project (name
of project)_________________________________,
am under the same franchiser (name of franchiser)
___________________________________
who was the franchiser of the project known
as______________________________________,
9
am the licensee of this Project (name of
project) ___________________________________,
am under the same licensor (name of
licensor)_______________________________________,
who was the licensor of the project known
as________________________________________,
for which the majority of the Accessibility Advisory
Council recommended approval, and the Florida Building Commission granted a
waiver of one or more accessibility requirements in Final Order No.
__________________.
I hereby swear or affirm that the above information to
the best of my knowledge is true and
correct.
Dated this ____________ day of
____________________________, 20 ____________
__________________________________________
Signature
__________________________________________
Printed Name
Providing false information to the Florida Building Commission is punishable as a misdemeanor under Section 775.083, Florida Statutes.